Intellectual Property Rights from Publicly Financed Research and
R 385
Marine Pollution (Prevention of Pollution from Ships) Act, 1986 (Act No. 2 of 1986)3A. Offenses and penalties |
(1)
| (a) | Any Person who contravenes any provision of this Act or the Convention or who fails to comply with any provision thereof with which it is his or her duty to comply, shall be guilty of an offense. |
| (b) | The owner and the master of a ship that does not comply with the requirements of this Act and the Convention shall each be guilty of an offense. |
(2)
| (a) | At a prosecution under subsection (1) in relation to a discharge of a harmful substance from a ship into the sea it shall be sufficient for the State to show that such discharge occurred, but it shall be a good defense if it is shown that the discharge complied with the requirements of this Act or the Convention. |
| (b) | For the purposes of paragraph (a), "discharge" and "harmful substance" shall have the meanings assigned thereto in Article 2 of the Convention. |
| (3) | No person shall be guilty of an offense under subsection (1) if he or she can show that he or she took all reasonable steps to ensure that the provisions of this Act and the Convention were complied with. |
| (4) | Any person convicted of an offense under subsection (1) shall be liable to a fine not exceeding R500 000, or to imprisonment for a period not exceeding five years or to such fine as well as such imprisonment. |
| (5) | If any person— |
| (a) | admits to the Authority that he or she has contravened or failed to comply with any provision of this Act or the Convention, which contravention of failure constitutes an offense under this Act; |
| (b) | agrees to abide by the decision of the Authority; and |
| (c) | deposits with the Authority such sum as may be required of him or her, but not exceeding the maximum fine which may be imposed for a conviction for the contravention or failure in question. |
the Authority may, after such enquiry as it deems necessary, determine the matter summarily and may, without legal proceedings, order by way of penalty the whole or any part of the said deposit to be forfeited.
| (6) | There shall be a right of appeal to the Minister from a determination or order by the Authority under subsection (5) whereby a penalty exceeding R10 000 is imposed, provided such right is exercised within a period of three months from the date of such determination or order. |
| (7) | The imposition of a penalty under subsection (5) shall be deemed not to be a conviction of an offense, but no prosecution in respect of the offense in question may thereafter be instituted. |
[Section 3A amended by section 2(2) (Schedule - Part 70) of Act No. 5 of 1998]
